My boyfriend is waiting to get his conditional residency green card, which he is expected to get by end of this year. Recently I''ve got my PHD student visa for 5 years starting fall 2022, now if we plan to marry in future, what will be the process to add me in his application as his spouse? And will I be able to apply for opt/cpt during and after my PHD is done if I have I-130 in progress? What are the timelines and process?
If you marry in good faith before he is approved, you will likely also get a conditional green card with him. If not, he has to file an I-130 based 2nd preference petition. If there is no waiting line, you can file to adjust; if there is, you have to wait until your priority date is current.
If you marry before he becomes a conditional PR, you can start your own adjustment case as a derivative. If you marry thereafter then he would file a family-based case for you in the FB-2a category. Either should work under current processing times.
